Considera- tion and authoriza- tion of under-
taking.
Commence- mant of under- taking.
Extinguish- ment of rights.
(c) by posting the same in the English and the Chinese
language at some suitable place in the arca occupied in connexion with such undertaking.
(2) A notification under subsection (1) shall-
to be
(a) describe the undertaking and specify the area to be oc-
cupied in connexion therewith; and
(b) contain a notice calling upon all persons having ob- jections to the undertaking or any claims of private right in respect thereof to submit to the Director of Public Works before the expiration of such period, being not less than two months, as may be specified in such notice, such objections or claims in writing, specifying the nature thereof, together with an estimate of any loss which is alleged would he incurred by reason of any extinguish- ment of a private right.
3. (1) The Governor in Council shall consider every proposed undertaking together with all objections and claims submitted and shall afford every person who has so submitted an objection or claim an opportunity of being heard in person or by counsel or solicitor.
(2) The Governor in Council may, after considering an undertaking and all objections and claims in accordance with sub- section (1), authorize such undertaking with or without modifica- tions thereof.
(3) A notification of such authorization together with a description of the undertaking and of the area to be occupied shall be published in the Gasette.
4. No undertaking shall be commenced until after the publication of the authorization under subsection (3) of section 3.
5. Upon publication of the authorization of an undertaking. all public and private rights of navigation or fishing and all public and private rights of access, user, possession or occupation, and all ather public or private rights (if any) in, upon or over the Crown foreshore, seabed and land occupied by the undertaking shall be extinguished and cease to exist.
6. (1) No action shall be brought or continued in respect No petion of the extinguishment under section 5, in whole or in part of any compensa public or private right.
to lie on
tion may be claimed for
ment of
(2) Any person who submitted a claim of private right in extinguish- accordance with the notification under section 2 may within two private months of the notification under section 4 of the authorization of right. the undertaking submit a claim for compensation in respect of the extinguishment of such private right.
7. (0) There shall be a tribunal to hear and determine Appoint-
ment and claims for compensation under section 6, which shall consist of a constitution judge of the Supreme Court or of the District Court to be appoint- of tribunal
to deter- ed by the Chief Justice as occasion may require. The Chief
mine claims Justice may further appoint one or more assessors to advise the for compen aation, and tribunal upon any matters requiring professional knowledge.
constitutiun and powers
(2) The assessors shall be remunerated at a rate according to thereof. the amount of work, time occupied and magnitude of the interests involved, and such remuneration shall be determined in each case by the Governor :
Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of emolument under the Crown.
(3) The Chief Justice may make rules prescribing the pro- cedure for notifying claims for compensation to the tribunal and for hearing and determining such claims by the tribunal and all matters incidental thereto.
(4) The tribunal shall have the following powers, that is to
(a) to hear evidence on oath, to order persons to attend and give evidence, and to produce documents, in like manner as in proceedings in the Supreme Court, and the like powers of punishment as are conferred upon the Supreme Court by sections 35 and 36 of the Supreme Court (Cap. 4). Ordinance;
(b) to order inspection of any premises and to enter upon and view any premises in like manner as in proceedings in the Supreme Court;
(4) to award costs.
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